Non-Kashmiris married to local women too can get J&K domicile now
The Jammu and Kashmir administration has announced to issue a domicile certificate to the spouse/husband of a native woman, who is a domicile holder in the UT. Earlier, the J&K women who were married outside the Union Territory, made their spouse ineligible for domicile certificate.
The Union cabinet in 2020 had approved the Jammu & Kashmir (Adaptation of State Laws) Second Order, 2020 issued under section 96 of Jammu & Kashmir Reorganisation Act, 2019.
The spouse of a domicile certificate holder can get the certificate upon submission of certain documents, as a new clause has been added under the J&K Grant of Domicile Certificate (Procedure) Rules, 2020.
The power to grant the category of domicile to the spouse of domicile has been conferred with the tehsildar.
The spouse is eligible to get a certificate upon showing — 1) Domicile certificate of his/her spouse and 2) valid marriage proof.
The order modified the applicability of Domicile conditions to all levels of jobs in the Union territory of Jammu & Kashmir under the Jammu & Kashmir Civil Services (Decentralisation and Recruitment) Act.
“In exercise of the powers conferred by the proviso to Article 309 of the Consitution of India, read with section 15 of the Jammu and Kashmir Civil Services Act 2010, the government hereby directs in sub-rule (1) of rule 5 of the Jammu and Kashmir Grant of Domicile Certificate Rules 220, after S.No/Clause 6, the following shall be added,” the notice reads. Here is the revised clause in the table mentioned below.
Union Minister Dr Jitendra Singh described the Jammu & Kashmir Domicile Rules Notification as the dawn of a new era for the Union Territory.
In March 2021, the Centre informed that as per J&K govt information, a total of 35,44,938 applications for issue of Domicile Certificate was received till December 31, 2020, out of which 32,31,353 applicants have been issued Domicile Certificates.
“As on 31st December 2020, a total of 31,08,682 Domicile Certificates have been issued to the dependents/holders of erstwhile Permanent Resident Certificates in the UT of Jammu and Kashmir,” former Minister of State for Home Affairs, G Kishan Reddy had said in a written reply to question in the Rajya Sabha.